HARDIP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PUBLICATION of respondents No.3 and 4 has been carried out in the newspaper 'Daily Charhdikala, Patiala' in its issue dated 22.04.2015. The newspaper showing the publication is on record. No one has appeared for respondents No.3 and 4. They are, therefore, proceeded against ex -parte.

(2.) THE claim petition was filed by the claimant Hardip Singh claiming compensation for the death of his wife. The manner in which the accident had occurred is not assailed by the respondents. The learned Tribunal awarded Rs. 96,000/ - compensation to the appellant. However, the liability of the respondent No.5 United India Insurance Company Limited was to the extent of Rs. 50,000/ - only in terms of Section 95 of the Motor Vehicles Act, 1939. It was held that United India Insurance Company Limited (respondent No.5) will be entitled to deduct Rs. 15,000/ - from its over all liability and the remaining sum of Rs. 46,000/ - shall be payable jointly and severely by respondents No.3 and 4 namely Surinder Pal Sharma, driver of auto rickshaw and Grib Dass Sethi, owner of the auto rickshaw. The claimants were held entitled to interest at the rate of twelve percent per annum from the date of petition till realization.

(3.) THE only issue involved in the present case is as to whether the appellant is entitled to more compensation.